CREA Agreement 2011-13 - Caesar Rodney School District

F. Arbitration Process
The arbitrator shall be advised of the limitations placed on the arbitrator's authority by this
Agreement, and that the arbitrator's decision is expected within thirty (30) days after a hearing has
been held. The agreed limitations are:
1. The decision of the arbitrator shall be final and binding to all parties to this agreement and
any employee involved in the dispute.
2. Any award resulting from the arbitrator's decision shall not be retroactive beyond the date
on which the action causing the grievance first occurred; and in any event, not longer than
six (6) calendar months prior to the date of the first filing of the grievance in writing.
3. The arbitrator shall be limited to interpreting this Agreement and applying to the particular
case presented.
4. The arbitrator shall have no authority to add to, subtract from, disregard or in any way
modify the terms of this Agreement, or any agreement made supplementary thereto.
5. The arbitrator shall be limited to selecting the position of either party as the appropriate
interpretation of all Agreement references cited and at issue.
6. The arbitrator shall not offer opinion on what the arbitrator would have preferred to rule, had
limitation not existed.
7. Expenses: As per state law:
7.1 Procedure arbitrability: losing party pays expenses;
7.2 Arbitration based on the merits of dispute: divided evenly between the
parties.
8. In the event the issue in dispute is resolved after the arbitrator is selected, but before the
hearing, the fee shall be paid as follows:
a. Split equally,
G. General Procedures
b. Other arrangement if mutually agreed upon by both parties.
1. The grievant shall be present at all meetings and, at the option of the grievant, may be
represented at such meetings by a representative of the Association.
2. It will be the practice of all parties in interest to process grievances after the regular
workday or at other times that do not interfere with assigned duties. However if the
aggrieved person, the Association, and the Board are in agreement to hold proceedings
during regular working hours, the grievant and the appropriate Association representative
will be released from assigned duties without loss of salary.
3. Grievances relating to suspension or transfer may be initiated at Level 2 of the grievance
procedure.
4. All documents, communications and records dealing with the processing of a grievance
shall be filed in the central grievance file separately from the personnel files of the
employees.
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